BOARD DATE:	24 April 2012

		DOCKET NUMBER:  AR20110022042 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of the spelling of his name recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the name shown on his DD Form 214 is misspelled.  The incorrect spelling is causing him problems with filing for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides copies of:

* DD Form 214
* Certificate of Naturalization
* Army Good Conduct Medal orders
* Honorable Discharge Certificate
* release from active duty orders
* permanent change of station orders
* letter from the VA, dated 28 July 2011
* Massachusetts driver's license
* VA identification card
* Town of Medway Vietnam Veterans Honor Roll 1955-1975

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The DD Form 398 (Statement of Personal History) completed upon the applicant's entry in the service shows his last name and first name as shown on his DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552).

3.  The applicant's record contains a DD Form 47 (Record of Induction) which shows his first name as "Georgio."

4.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 29 July 1969.  He was honorably released from active duty on 29 April 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 1 year, 9 months, and 1 day of net active service.  The first name shown on his DD Form 214 is "Georgio" and the last name appears to be misspelled by the addition of the letter "l" as the ninth character.

5.  The applicant provides documents showing his first name as "Georgio," "Georgios," and "George."

6.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge), in effect at the time, stated that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  It stated to "enter last name, first name, and full middle name or names, if any."

DISCUSSION AND CONCLUSIONS:

The available evidence shows the applicant's name was incorrectly entered on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show his name as spelled on his DD Form 398.

BOARD VOTE:

___X___  ___X_____  ____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the name shown on his DD Form 214 and replacing it with his name as it is spelled on his DD Form 398.



      __________X_______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110014399



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022042



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1